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2010-09-22
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Rulemaking on Section 126 Petitions From New York and Connecticut Regarding Sources in Michigan; Revision of Definition of Applicable Requirement for Title V Operating Permit Programs
Part III
Rules and Regulations
D09002ee1bde98c84
D09002ee1bde98dd3
United States
Environmental Protection Agency
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org
United States Government Agency or Subagency
In today's action, EPA is revising one element of a final rule published on January 18, 2000, regarding petitions filed by four Northeastern States under section 126 of the Clean Air Act (CAA). The petitions seek to mitigate interstate transport of nitrogen oxides (NO<INF>X</INF>), one of the main precursors of ground-level ozone pollution. The final rule partially approved the four petitions under the 1-hour ozone national ambient air quality standard, thereby requiring certain types of sources located in 12 States and the District of Columbia to reduce their NO<INF>X</INF> emissions. Subsequently, the U.S. Court of Appeals for the District of Columbia Circuit issued a decision on a related EPA regulatory action, the NO<INF>X</INF> State implementation plan call (NO<INF>X</INF> SIP Call), that has relevance to the Section 126 Rule. Although the court decision did not directly address the State of Michigan, the reasoning of the court regarding the significance of NO<INF>X</INF> emissions from sources in two other States called into question the inclusion of a portion of Michigan in the area covered by the NO<INF>X</INF> SIP Call. In response, the EPA is removing that portion of Michigan, known as the ``coarse grid'' portion, from the NO<INF>X</INF> SIP Call. The Section 126 Rule is based on many of the same analyses and information used for the NO<INF>X</INF> SIP Call and covers part of Michigan. Thus, in light of EPA's response to the court ruling on the NO<INF>X</INF> SIP Call, EPA is also withdrawing its section 126 findings and denying the petitions under the 1-hour ozone standard with respect to sources located in the coarse grid portion of Michigan. The EPA has not identified any existing section 126 sources located in the affected portion of the coarse grid. The EPA is also revising the definition of the ``applicable requirement'' for title V operating permit programs by providing expressly that any standard or other requirement under section 126 is an applicable requirement and must be included in operating permits issued under title V of the CAA.
69 FR 31498
https://www.govinfo.gov/app/details/FR-2004-06-03/04-12553
04-12553
fr03jn04-13
RIN 2060-AJ36
6560-50-P
FRL-7669-6
https://www.govinfo.gov/app/details/FR-2004-06-03/04-12553
https://www.govinfo.gov/content/pkg/FR-2004-06-03/html/04-12553.htm
https://www.govinfo.gov/content/pkg/FR-2004-06-03/pdf/04-12553.pdf
Environmental Protection
Air Pollution Control
Intergovernmental Relations
Nitrogen Dioxide
Ozone
Reporting and Recordkeeping Requirements
Administrative Practice and Procedure
8 p.
31498
31505
69 FR 31498
Code of Federal Regulations
Title 40 Part 52
40 CFR Part 52
Code of Federal Regulations
Title 40 Part 70
40 CFR Part 70
Code of Federal Regulations
Title 40 Part 71
40 CFR Part 71
Regulation Identification Number 2060-AJ36
RIN 2060-AJ36
Rulemaking on Section 126 Petitions From New York and Connecticut Regarding Sources in Michigan; Revision of Definition of Applicable Requirement for Title V Operating Permit Programs; Federal Register Vol. 69, Issue
RULE
04-12553
III
ENVIRONMENTAL PROTECTION AGENCY
2004-07-06
FRL-7669-6
6560-50-P
04-12553
Final rule.
In today's action, EPA is revising one element of a final rule published on January 18, 2000, regarding petitions filed by four Northeastern States under section 126 of the Clean Air Act (CAA). The petitions seek to mitigate interstate transport of nitrogen oxides (NO<INF>X</INF>), one of the main precursors of ground-level ozone pollution. The final rule partially approved the four petitions under the 1-hour ozone national ambient air quality standard, thereby requiring certain types of sources located in 12 States and the District of Columbia to reduce their NO<INF>X</INF> emissions. Subsequently, the U.S. Court of Appeals for the District of Columbia Circuit issued a decision on a related EPA regulatory action, the NO<INF>X</INF> State implementation plan call (NO<INF>X</INF> SIP Call), that has relevance to the Section 126 Rule. Although the court decision did not directly address the State of Michigan, the reasoning of the court regarding the significance of NO<INF>X</INF> emissions from sources in two other States called into question the inclusion of a portion of Michigan in the area covered by the NO<INF>X</INF> SIP Call. In response, the EPA is removing that portion of Michigan, known as the ``coarse grid'' portion, from the NO<INF>X</INF> SIP Call. The Section 126 Rule is based on many of the same analyses and information used for the NO<INF>X</INF> SIP Call and covers part of Michigan. Thus, in light of EPA's response to the court ruling on the NO<INF>X</INF> SIP Call, EPA is also withdrawing its section 126 findings and denying the petitions under the 1-hour ozone standard with respect to sources located in the coarse grid portion of Michigan. The EPA has not identified any existing section 126 sources located in the affected portion of the coarse grid. The EPA is also revising the definition of the ``applicable requirement'' for title V operating permit programs by providing expressly that any standard or other requirement under section 126 is an applicable requirement and must be included in operating permits issued under title V of the CAA.
This final rule is effective July 6, 2004.
Questions concerning today's action
Environmental Protection
Air Pollution Control
Intergovernmental Relations
Nitrogen Dioxide
Ozone
Reporting and Recordkeeping Requirements
Administrative Practice and Procedure
Air programs; approval and promulgation; State plans for designated facilities and pollutants:
New York and Connecticut,
oldham.carla@epa.gov
http://www.epa.gov/edocket/
http://www.epa.gov/fedrgstr/
http://www.epa.gov/ttn/naaqs/ozone/rto/126/index.html
http://www.epa.gov/ttn/otag/finalrpt/
Federal Register
Vol. 69, no. 107
Office of the Federal Register, National Archives and Records Administration
2004-06-03
continuing
daily
deposited
born digital
233 p.
Table of Contents:
AE 2.7:
GS 4.107:
AE 2.106:
KF70.A2
https://www.govinfo.gov/app/details/FR-2004-06-03
P0b002ee18096cd18
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0042-1219
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https://www.govinfo.gov/app/details/FR-2004-06-03
https://www.govinfo.gov/content/pkg/FR-2004-06-03/pdf/FR-2004-06-03.pdf
https://www.govinfo.gov/content/pkg/FR-2004-06-03/xml/FR-2004-06-03.xml
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2010-09-22
2023-05-04
FR-2004-06-03
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FR-2004-06-03
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